Electronic Payment Processing Software Setup Guide and ...

1 Electronic Payment Processing Software Setup Guide and User's Manual Copyright March 2006, VeriFone Inc. PCC-5-7-1i Notice Copyright March 2006, VeriFone Inc. All rights reserved. active-Charge, active-Charge SDK, PCCharge Payment Server, PCCharge Pro, PCCharge DevKit, Virtual-Charge, IP-harge are trademarks and PC-ChargCe is a registered trademark of VeriFone Inc. demark and Windows is a trademark of Microsoft Corporation. marks or registered trademarks of their respective 000 Business Center Drive, Suite 1000 avannah, Georgia 31405 echnical Support: (877) 659-8981 ax: (912) 527-4596 Microsoft is a registered traOther brands and their products are trade as such.

2 Holders and should be noted VeriFone Inc. arkway Business Center P5 STF 2 Software License IMPORTANT CAREFULLY REVIEW THIS AGREEMENT BEFORE CONTINUING THE INSTALLATION OR USE OF THE VERIFONE, INC. ("VERIFONE") Software (" Software "). THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) ("YOU") AND VERIFONE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, TERMINATE THIS INSTALLATION AND PROMPTLY RETURN ALL Software AND DOCUMENTATION, IF APPLICABLE, TO THE PLACE YOU OBTAINED THE Software FOR A FULL REFUND.

3 THE Software INCLUDES COMPUTER Software , THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY "ONLINE" OR Electronic DOCUMENTATION. BY DOWNLOADING THE Software AND/OR OPENING THE Software PACKET(S) AND/OR USING THE Software , YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. 1. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement and your Payment of the applicable license fees, VERIFONE grants You a limited, nontransferable, nonexclusive license to use the Software solely (i) in object (executable) code form, (ii) on a single computer (the "Computer"), and (iii) for your internal use and without any further rights.

4 You understand that You must comply with VERIFONE's Software registration policies and the failure to comply with those policies may result in the disablement of the Software . The Software is in "use" on a computer when it is loaded into temporary memory ( RAM) or installed into permanent memory ( hard disk, CD-ROM, or other storage device) of a computer. 2. COPYRIGHT. The Software and all copies provided to you are licensed and not sold. All title to the Software resides and remains in VERIFONE and its suppliers. The Software is protected by copyright laws and international copyright treaties.

5 You may make one copy of the Software solely for backup or archival purposes. You may not copy any documentation accompanying the Software . 3. OTHER RESTRICTIONS. You may not decompile, disassemble, or otherwise reverse engineer the Software , except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not sublicense, lend, lease, donate, sell, load, pledge, transfer, or distribute (on a temporary or permanent basis) the Software . You may not use the Software for commercial time-sharing, rental, or service bureau use. 4. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS.

6 Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR , as applicable. Contractor/manufacturer is VeriFone, Inc., 5000 Business Center Drive, Suite 1000, Savannah, GA 31405. 35. LIMITED WARRANTY/REFUND/SUPPORT. VERIFONE warrants that the magnetic media on which the Software is contained shall be free from defects in materials and workmanship under normal use for a period of (60) days after the purchase date.

7 If you discover physical defects in the media on which the Software is distributed, VERIFONE will replace the media within that warranty period. If You are not completely satisfied with the Software , you may return it to the reseller or other place of purchase ("Reseller") for a refund, provided that you do so within thirty (30) days of installation and provided that in no event shall You return the Software later than one (1) year after VERIFONE provided the Software to the Reseller. VERIFONE agrees to provide you with free telephone support for a period of sixty (60) days from installation, provided that in no event shall You be entitled to such support no later than one (1) year after VERIFONE provided the Software to the Reseller.

8 You agree that it is Your responsibility to determine when VERIFONE provided the Software to the Reseller. Telephone support shall occur during the hours of 9 to 8 Eastern Time, Monday through Friday (excluding holidays) and is subject to change. 6. NO OTHER WARRANTIES. EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, THE Software IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VERIFONE DISCLAIMS ALL OTHER WARRANTIES REGARDING THE Software , EXPRESSED OR IMPLIED, AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9 THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. VERIFONE AND ALL PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THE Software TO YOU SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF Software AND DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR OTHERWISE, RELATING IN ANY MANNER TO THE Software , EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE.

10 IN ANY CASE, VERIFONE'S ENTIRE LIABILITY RELATING IN ANY MANNER TO THE Software , REGARDLESS OF THE FORM OR NATURE OF THE CLAIM, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE Software . ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY VERIFONE'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL IN NO WAY INCREASE THE SCOPE OF THIS WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 8. TERMINATION. Either party may terminate this Agreement at any time as a result of a material breach by the other party by giving written notice of termination to the other party.